10 U.S.C. § 133a: Under Secretary of Defense for Research and Engineering

There is an Under Secretary of Defense for Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive technology, science, or engineering background and experience with managing complex or advanced technological programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. serving as the chief technology officer of the Department of Defense with the mission of advancing technology and innovation for the armed forces (and the Department); establishing policies on, and supervising, all elements of the Department relating to defense research and engineering, technology development, technology transition, appropriate prototyping activities, experimentation, and developmental testing activities and programs and unifying defense research and engineering efforts and enhancing jointness across the Department; serving as the principal advisor to the Secretary on all research, engineering, and technology development activities and programs in the Department; directing the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility; and conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department. With regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary and the Deputy Secretary of Defense. With regard to all matters other than the matters for which the Under Secretary has responsibility by the direction of the Secretary or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, and the Secretaries of the military departments. the dates on which the Board met; and except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. The co-chairs shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31 , United States Code, as of the date of the semiannual update. The co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report.” proceeded to implement a test and evaluation master plan notwithstanding a decision of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation to disapprove the developmental test and evaluation plan within that plan in accordance with former section 139b(a)(5)(B) of title 10 , United States Code; or proceeded to initial operational testing and evaluation notwithstanding a determination by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation on the basis of an assessment of operational test readiness that the program is not ready for operational testing. A description of the specific aspects of the developmental test and evaluation plan that the Deputy Assistant Secretary determined to be inadequate. An explanation of the reasons why the program disregarded the Deputy Assistant Secretary’s recommendations with regard to those aspects of the developmental test and evaluation plan. The steps taken to address those aspects of the developmental test and evaluation plan and address the concerns of the Deputy Assistant Secretary. An explanation of the reasons why the program proceeded to initial operational testing and evaluation notwithstanding the findings of the assessment of operational test readiness. A description of the aspects of the approved testing and evaluation master plan that had to be set aside to enable the program to proceed to initial operational testing and evaluation. A description of how the program addressed the specific areas of concern raised in the assessment of operational test readiness. A statement of whether initial operational testing and evaluation identified any significant shortcomings in the program. Not later than 30 days after any decision to conduct developmental testing on a major defense acquisition program without an approved test and evaluation master plan in place, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the congressional defense committees a written explanation of the basis for the decision and a timeline for getting an approved plan in place.” any commander of a combatant command who is authorized by section 166b or 167 of title 10, United States Code, to exercise acquisition authority; and any head of a Defense Agency who is designated by the Secretary of Defense to exercise acquisition authority. is in compliance with department-wide acquisition policy; and is coordinated with acquisition programs of the military departments. Guidance developed under paragraph (1) shall take into account the need to fulfill the urgent requirements of the commanders of combatant commands and the heads of Defense Agencies and to ensure that those requirements are addressed expeditiously. The senior acquisition official designated under subsection (a) shall on a regular basis consult on matters related to requirements and acquisition with the commanders of combatant commands and the heads of Defense Agencies referred to in that subsection. The Secretary of Defense shall make the designation required by subsection (a) not later than 180 days after the date of the enactment of this Act [ Oct. 17, 2006 ].”